While same-sex marriage is finally legally recognized across the United States, including Florida, gay couples face some unique challenges when it comes to divorce. Whether it’s the complexity of parental rights, the division of property, or simply finding a lawyer who understands the nuances of LGBTQ+ relationships, the divorce process can be daunting. If you’re a member of the LGBTQ+ community going through a divorce, it’s essential to work with a family law attorney who has experience with gay divorces and can help you navigate these challenges.
This blog will explore key issues that gay couples in Tallahassee should be aware of when considering divorce and how working with a knowledgeable attorney can ensure your rights are protected throughout the process.
The legal landscape surrounding same-sex marriage and divorce has evolved significantly in recent years. In 2015, the Supreme Court’s ruling in Obergefell v. Hodges granted same-sex couples the right to marry across the United States. With this historic ruling, gay couples were granted the same legal protections as heterosexual couples. However, because same-sex marriage was not always recognized, many LGBTQ+ couples face unique issues when it comes to divorce.
Some of the complexities stem from factors such as:
Having an attorney with experience in LGBTQ+ divorce ensures that these challenges are handled with sensitivity and that you are treated fairly throughout the process.
When gay couples in Tallahassee face divorce, certain legal issues may come to the forefront. Understanding these issues can help you better prepare for the process and seek appropriate legal representation.
One of the most critical issues for same-sex couples during divorce is child custody. Many LGBTQ+ families have children through adoption, surrogacy, or assisted reproductive technology (ART), and determining legal parental rights can be more complex than for heterosexual couples.
In some cases, only one partner may be the biological or legally recognized parent, which can complicate custody decisions. If the non-biological parent did not formally adopt the child, they may face additional hurdles in securing custody or visitation rights. Florida courts prioritize the best interests of the child in custody matters, but having an attorney who understands LGBTQ+ family dynamics is essential for ensuring that your parental rights are fully recognized.
Florida is an equitable distribution state, meaning that marital property is divided in a way that is fair, but not necessarily equal, during a divorce. For same-sex couples, this can be complicated by the fact that many couples were together long before their marriages were legally recognized. Assets accumulated during the pre-marriage period might not automatically be considered marital property, even though both partners contributed to their acquisition.
A skilled attorney can help you present a comprehensive case for why certain assets or property should be treated as part of the marital estate, even if they were acquired before the marriage. This is especially important in cases where one partner may have financially supported the other for years before legal recognition of the relationship.
In Florida, spousal support, or alimony, is awarded based on factors such as the length of the marriage, the financial status of each spouse, and each spouse’s contributions to the marriage. Because same-sex couples may have been together for many years before they were legally allowed to marry, the official length of the marriage may not reflect the actual duration of the relationship.
When determining alimony, courts typically consider the legal length of the marriage. However, a knowledgeable gay divorce attorney can argue for consideration of the entire length of the relationship to ensure a fair outcome. This may involve proving that both partners contributed to the household, regardless of when the marriage was formalized.
Unfortunately, despite significant progress in LGBTQ+ rights, some same-sex couples still encounter bias in the legal system. Whether it’s outdated assumptions about gender roles or misunderstandings of same-sex family dynamics, these biases can negatively impact the outcome of your divorce.
Both Rachel Borntreger and Jason Borntreger support the LGBTQ+ community. By working with a gay divorce attorney who understands the legal nuances and cultural sensitivities of LGBTQ+ relationships, you can ensure that your case is presented without bias. Your attorney will advocate for your rights and help ensure that the court understands the unique aspects of your relationship.
When going through a divorce, it’s crucial to have legal representation that is both experienced in family law and knowledgeable about LGBTQ+ issues. A gay divorce attorney in Tallahassee will understand the specific challenges faced by same-sex couples and will be able to navigate those complexities with care.
Here are some reasons why you should work with an LGBTQ+-friendly attorney:
Same-sex divorce involves legal nuances that aren’t always present in heterosexual divorces. Whether it’s retroactively recognizing property division, protecting non-biological parental rights, or navigating spousal support, a gay divorce attorney can address the unique legal challenges specific to LGBTQ+ couples.
Going through a divorce is emotionally draining for anyone, but for LGBTQ+ individuals, it can sometimes feel like an additional layer of personal challenges and anxieties. By working with an attorney who is sensitive to LGBTQ+ issues, you can feel more comfortable discussing your situation and confident that your lawyer will approach your case with empathy and understanding.
Bias and misunderstandings about same-sex relationships can sometimes impact how cases are handled in court. By hiring a lawyer who understands your perspective and will advocate for your rights, you stand a better chance of receiving a fair and just outcome in your divorce.
At Borntreger Law, we have extensive experience representing LGBTQ+ individuals in family law matters, including divorce. We understand that divorce for non-traditional couples comes with its own set of challenges, and we are dedicated to providing compassionate and knowledgeable legal representation.
Here’s why Borntreger Law is the right choice for your divorce case:
If you’re a same-sex couple in Tallahassee facing divorce, Borntreger Law is here to help. We understand the unique challenges you may face and are committed to providing the legal support you need to achieve a positive outcome. Contact us today to schedule a consultation and learn how we can assist you with your divorce.
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